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Attachment C - Constructon Contract Change Orders

Victorville City Council
May 7, 2024

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Attachment C - Constructon Contract Change Orders
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May 7, 2024
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Victorville City Council
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ATTACHMENT C
3200 East Guasti Road, Suite 200 Ontario California 91764 Office: +1 909 218 3600 / parsons.com
February 28, 2024
A
ttention: City of Victorville
Subject: Closeout Contract Change Order Memo
Bear Valley Road Overhead Bridge at BNSF Railroad Project, Project No. CC21-102 ITEM OVERVIEW:

Riverside Construction has requested the amount of approximately $1,340,000 to close out the Bear Valley Overhead at BNSF project, which constitutes to 130 WD of claimed compensable delays in Time Impact Analysis (TIA) #1, #2, #3, and #4, outstanding extra work bill (EWB) payments for work related to Reinforced Concrete Box (RCB) construction, Potential Claim Record (PCR) #1, and cost increases due to delay related to the roadway grinding and overlay operations (Calmex).

The costs are summarized in the table below:

Item Amount Brief Description
TIA #1-4 $959,874.93 Compensable time request for delays associated with unprecedented BNSF submittals, excessive review time by BNSF, right-of-way delays due to BNSF not providing track closures to complete the work, man-made buried objects
while performing bridge foundations, and delays to the
paving operations
RCB EWBs $184,140.36 Extra work bills for the portion of RCB work performed prior to deletion of the bid items
PCR #1 $81,204.47 Reconstruction cost of bridge approach slab Calmex EWBs $114,602.61 Additional operational and material costs incurred for roadway grinding and paving due to delays
Total: $1,339,822.37
Par
sons has reviewed these items and arrived that the following are reasonable costs incurred by Riverside Construction.

Parsons met with Riverside and they were agreeable to resolving these items at the following payment amounts:

Item Amount Proposed Payment Method
TIA #1-4 $479,878.75 CCO #4
RCB EWBs $184,140.36 Authorized work bid item, Increased in CCO #2 PCR #1 $0.00 CCO #4
Calmex EWBs $114,602.61 Authorized work bid item, Increased in CCO #2 Total: $778,621.72
2 ITEM DETAILS
TIA #1-4
TIA #1-4 represents BNSF delays during the submittal process (#1), BSNF delays during bridge construction and delays due to encountering manmade buried objects during bridge foundation work (#2), and delays to the stage 1 (#3) and stage 3 (#4) paving operations. The start of the project had to be delayed by multiple months in order to accommodate the BSNF submittal review process, which includes multiple work plans, lift plans, and other submittals which were unprecedented prior to this project. The review process required many revisions, delaying the start of the bridge widening work. In addition, BNSF frequently didn’t schedule requested track closures and BNSF frequently failed to provide scheduled track closures, which ranged from delays of several hours to not providing any available work time while Riverside’s crews and their subcontractors were on site ready to work. Claimed delays to stage 1 paving are found to not be justifiable as these delays were caused by reconstruction of an incorrectly build approach slab. They delays to stage 3 paving are justifiable as these were caused by a roadway redesign which was ongoing at the time when paving was to start.

Of the 130 compensable working days requested, Parsons identified 75 justifiable working days of delay. The reduction is due to not accepting any delays for stage 1 paving and not accepting the delays on days where extra work at force account payment was made (overhead is included in the markups).

In review of the daily cost, Parsons identified requested lump sum bid item extensions which were not justifiable, including construction staking, progress schedule, develop water supply, traffic control system, job site management, and implement storm water pollution plan. The exclusion of these items reduced the compensable delay daily amount. In reference to the attached delay cost submittal, the 75 compensable delays days at the reduced daily cost equate to the following:

Exhibit Description Amount
A Extension of Lump Sum Items $25,446.75
B Extended Home Office Overhead $80,321.25
C Extended Field Office Overhead $311,669.25
D Other direct impacts (shoring materials) $62,441.50
Total: $479,878.75
RCB Extra Work Bills
Extra work bills have been submitted for actual work performed. Additional funds need to be added to the Authorized Work item in order to pay these extra work bills. These EWBs total $184,140.36 and are reflected in the Authorized Work increase shown in draft CCO #2.

PCR #1
Parsons does not recommend making payment on PCR#1, which is related to the reconstruction of the incorrectly built approach slab. This issue is documented in the project correspondence and is considered to be Riverside’s responsibility.

Calmex Extra Work Bills
Extra work bills have been submitted for actual cost increases due to project delay. Additional funds need to be added to the Authorized Work item in order to pay these extra work bills. These EWBs total $114,602.61 and are reflected in the Authorized Work increase shown in draft CCO #2.
3 SUMMARY
Parsons finds that a final proposed payment in the amount of $778,621.72 is reasonable to resolve the remaining issues on this project. Riverside Construction has indicated that they would be agreeable to this amount. Draft closeout CCOs #2, #3, and #4 are included to show the total construction contract amount if the City was to proceed with this payment amount.

Current Construction Contract Amount: $11,320,412.60
New Construction Contract Amount: $11,999,134.84
Additional Amount Required for Construction: $678,722.24 Si
ncerely,
Ser
ge Sinevod, PE
Resident Engineer

TO:

PROJECT TITLE :

PROJECT NUMBER :

CHANGE ORDER No. :

DATE :
9,818,512.60$
1,501,900.00$
11,320,412.60$
207,065.25$
11,527,477.85$
280
By reason of this order, the time of completion will be adjusted as follows: Zero (0) Days City of Victorville

CHANGE ORDER
Bear Valley Road Overhead Bridge at BNSF
Riverside Construction Company, Inc.
4225 Garner Road
Riverside, CA 92502
CC21-102
2 February 28, 2024
You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract.

Description of work to be done, estimate of quantities, and prices to be paid: Segregate between additional work at current or revised contract unit prices, agreed lump sum price, and time & materials. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.

See sheet 3 of this Contract Change Order.

Estimated Cost: Decrease: Increase: $207,065.25 This Change Order is not valid until signed by the City Engineer The original Contract Amount was
Net change by previously authorized Change Orders
The Contract Amount prior to this Change Order was
The Contract Amount will be increased by this Change Order in the maximum amount of The new Contract Amount including this Change Order will be The Contract Time will be increased by zero (0) working days The Contract Time therefore is (Working Days)
Change Requested by: Engineer
Change Order #3
Sheet 1 of 3
CONTRACTOR :

Date
PROJECT RE :

Date
SUBMITTED BY :

Date
AUTHORIZED BY :

Date

THIS CHANGE ORDER CONSTITUTES FULL, FINAL, AND COMPLETE COMPENSATION TO THE CONTRACTOR FOR

ALL COSTS, EXPENSES, OVERHEAD, PROFIT, AND ANY DAMAGES OF EVERY KIND THAT THE CONTRACTOR MAY

INCUR IN CONNECTION WITH THE ABOVE REFERENCED CHANGES IN THE WORK, INCLUDING ANY IMPACT ON

THE REFERENCED WORK OR ON ANY OTHER WORK UNDER THE CONTRACT, ANY CHANGES IN THE

SEQUENCES OF ANY WORK, ANY DELAY TO ANY WORK, ANY DISRUPTION OF ANY WORK, ANY RESCHEDULING OF ANY WORK, AND ANY OTHER EFFECT ON ANY OF THE WORK UNDER THIS CONTRACT. BY THE EXECUTION

OF THIS CHANGE ORDER, THE CONTRACTOR ACCEPTS THE CONTRACT PRICE CHANGE AND THE CONTRACT

COMPLETION DATE CHANGE, IF ANY, AND EXPRESSLY WAIVES ANY CLAIMS FOR ANY ADDITIONAL COMPENSATION, DAMAGES OR TIME EXTENSIONS, IN CONNECTION WITH THE ABOVE-REFERENCED CHANGES.

WE, THE UNDERSIGNED CONTRACTOR, HAVE GIVEN CAREFUL CONSIDERATION TO THE CHANGE PROPOSED

AND HEREBY AGREE, IF THIS PROPOSAL IS APPROVED, THAT WE WILL ACCEPT AS FULL PAYMENT THEREFORE THE PRICE SHOWN ABOVE.

Fredy Bonilla, City Engineer
Elizabeth Becerra, Mayor
Ryan Camp, Riverside Project Manager
Serge Sinevod, Resident Engineer
Change Order #3
Sheet 2 of 3
Increase Bid Items:

ITEM NO ITEM DESCRIPTION UNIT UNIT  PRICE Increase  Quantity  Increase Amount  % Increase 4 RAILROAD INSPECTION DAY 250.00$                  74.00  78,958.00$                  17.21% 29 IMPORTED BORROW CY 19,000.00$            11,346.00  136,152.00$                59.72% 35 ASPHALT CONC (TYPE C) TON 8,080.00$               334.69  26,775.20$                  4.14% 36 GEOSYNTHETIC PVMNT INTERLAYER (PAVING MAT) SY 21,060.00 $            1,767.00  7,068.00$   8.39% 37 COLD PLANE ASPHALT CONC PAVMENT SY 21,060.00$            5,347.00  21,388.00$                  25.39% 38 SOIL NAIL LF 1,782.00$               48.00  3,264.00$   2.69% 61 PREPARE CONC BRDIGE DECK SURFACE SF 10,236.00$            138.00  276.00$   1.35% 62 (F) TREAT BRDIGE DECK SF 10,236.00$            138.00  276.00$   1.35% 63 FURN BRIDGE DECK TREATMENT MATERIAL GAL 114.00$                  26.00  3,900.00$   22.81% 69 SLOPE PAVING (CONCRETE) CY 140.00$                  4.00  3,400.00$   2.86% 78 MINOR CONC (CURB AND GUTTER) CY 205.00$                  34.95  14,853.75$                  17.05% 97 HANDRAILING LF 196.00$                  0.50  92.50$   0.26% 109 AUTHORIZED WORK LS 400,000.00$          0.61   243,289.70$                60.82% Increase Subtotal: 539,693.15$
Decrease Bid Items:

ITEM NO ITEM DESCRIPTION UNIT UNIT  PRICE Decrease  Quantity  Decrease Amount  Decrease % 3 RAILROAD FLAGGING DAY 250.00$                  (12.00)  (15,840.00)$                ‐1.71% 22 ROADWAY EXCAVATION CY 9,200.00$               (28.50)  (570.00)$   ‐0.31% 30 FIBER ROLLS LF 18,665.00$            (1,429.00)  (3,143.80)$   ‐7.66% 48 DRILL AND GROUT DOWEL LF 1,234.00$               (155.00)  (12,400.00)$                ‐12.56% 74 MINOR CONC (CROSS GUTTER) CY 55.00$   (1.00)  (630.00)$   ‐1.82% 80 MINOR CONC (SIDEWALK) CY 320.00$                  (17.00)  (9,520.00)$   ‐5.31% 81 MINOR CONC (CURB RAMP) CY 50.00$   (15.90)  (9,301.50)$   ‐31.80% 82 REMOVE CONC CURB LF 795.00$                  (83.00)  (1,162.00)$   ‐10.44% 83 REMOVE CONC CROSS GUTTER SF 970.00$                  (6.00)  (36.00)$   ‐0.62% 84 REMOVE CONC SIDEWALK SY 1,570.00$               (46.00)  (920.00)$   ‐2.93% 86 REMOVE CONC (CURB AND GUTTER) LF 4,175.00$               (181.00)  (1,810.00)$   ‐4.34% 90 TEMPORARY FENCE LF 1,805.00$               (91.00)  (1,365.00)$   ‐5.04% 92 PAVEMENT MARKER (RETROREFLECTIVE) EA 620.00$                  (15.00)  (75.00)$   ‐2.42% 102 REMOVE GUARDRAIL
LF 125.00$                  (23.00)  (529.00)$   ‐18.40% 103 REMOVE HANDRAILING LF 175.00$                  (10.00)  (120.00)$   ‐5.71% 104 THERMOPLASTIC TRAFFIC STRIPE LF 27,470.00$            (506.00)  (303.60)$   ‐1.84% 106 REMOVE PAINTED TRAFFIC STRIPE LF 25,120.00$            (1,910.00)  (1,146.00)$   ‐7.60% 107 REMOVE PAINTED PAVEMENT MARKING SF 360.00$                  (180.00)  (720.00)$   ‐50.00% Decrease Subtotal: (59,591.90)$
Eliminate Bid Items:

ITEM NO ITEM DESCRIPTION UNIT UNIT  PRICE Deleted Quantity  Deleted Amount  Deleted % 13 PORTABLE DELINEATOR EA 48.00$   (57.00)  (2,736.00)$   ‐100% 19 WORK AREA MONITORING (BRIDGE) LS. 5,250.00$               (1.00)  (5,250.00)$   ‐100% 32 PERMANENT EROSION CNTRL ESTABLISHMENT WRK LS. 35,000.00 $            (1.00)  (35,000.00)$                ‐100% 34 SLURRY SEAL TON 1,400.00$               (26.00)  (36,400.00)$                ‐100% 46 (F) STRUCTURAL CONC, BOX CULVERT CY 1,100.00$               (119.00)  (130,900.00)$              ‐100% 57 (F) BAR REINF STEEL (BOX CULVERT) LBS 1.20$   (25,000.00)  (30,000.00)$                ‐100% 68 REMVOE HEADWALL EA 2,400.00$               (2.00)  (4,800.00)$   ‐100% 91 RELOCATE FENCE LF 65.00$   (430.00)  (27,950.00)$                ‐100% Eliminate Subtotal: (273,036.00)$
CCO Total: 207,065.25$
Increase the following Bid Items, as the actual quantity was more than the Engineer's estimate.  No adjustment to the bid item unit prices for these items will be made in accordance with Section 9‐1.06B, "Increases of More Than 25 Percent," of the Standard Specifications.

Decrease the following Bid Items, as the actual quantity was less than the Engineer's estimate.  No adjustment to the bid item unit prices will be made in accordance with Section 9‐1.06C, "Decreases of More Than 25 Percent," of the Standard Specifications.

Eliminate the following Bid Items, as they were not used.  In accordance with Section 9‐1.06D, "Eliminated Items," of the Standard Specifications, the adjustment due to the elimination of these items is zero.

TO:

PROJECT TITLE :

PROJECT NUMBER :

CHANGE ORDER No. :

DATE :
9,818,512.60$
1,708,965.25$

11,527,477.85$

(8,221.76)$
11,519,256.09$

280
Change Requested by: Engineer
This Change Order is not valid until signed by the City Engineer The original Contract Amount was
Net change by previously authorized Change Orders
The Contract Amount prior to this Change Order was
The Contract Amount will be increased by this Change Order in the maximum amount of The new Contract Amount including this Change Order will be The Contract Time will be increased by zero (0) working days The Contract Time therefore is (Working Days)
By reason of this order, the time of completion will be adjusted as follows: Zero (0) Days City of Victorville

CHANGE ORDER
Bear Valley Road Overhead Bridge at BNSF
Riverside Construction Company, Inc.
4225 Garner Road
Riverside, CA 92502
CC21-102
3 February 28, 2024
You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract.

Description of work to be done, estimate of quantities, and prices to be paid: Segregate between additional work at current or revised contract unit prices, agreed lump sum price, and time & materials. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.

Adjustment in Compensation at Lump Sum
Contractor accepts an adjustment in compensation at lump sum in the amount of a $8,221.76 decrease for miscellaneous deductions related to costs incurred by the City for keeping electrical traffic systems active during construction, which is the Contractor's resposibility, and for salvaged traffic signal equipment damaged by the Contractor.

Estimated Cost: Decrease: $8,221.76 Increase: __________ Change Order #3
Sheet 1 of 2
CONTRACTOR :

Date
PROJECT RE :

Date
SUBMITTED BY :

Date
AUTHORIZED BY :

Date
Fredy Bonilla, City Engineer
Elizabeth Becerra, Mayor
Ryan Camp, Riverside Project Manager
Serge Sinevod, Resident Engineer

THIS CHANGE ORDER CONSTITUTES FULL, FINAL, AND COMPLETE COMPENSATION TO THE CONTRACTOR FOR

ALL COSTS, EXPENSES, OVERHEAD, PROFIT, AND ANY DAMAGES OF EVERY KIND THAT THE CONTRACTOR MAY

INCUR IN CONNECTION WITH THE ABOVE REFERENCED CHANGES IN THE WORK, INCLUDING ANY IMPACT ON

THE REFERENCED WORK OR ON ANY OTHER WORK UNDER THE CONTRACT, ANY CHANGES IN THE

SEQUENCES OF ANY WORK, ANY DELAY TO ANY WORK, ANY DISRUPTION OF ANY WORK, ANY RESCHEDULING OF ANY WORK, AND ANY OTHER EFFECT ON ANY OF THE WORK UNDER THIS CONTRACT. BY THE EXECUTION

OF THIS CHANGE ORDER, THE CONTRACTOR ACCEPTS THE CONTRACT PRICE CHANGE AND THE CONTRACT

COMPLETION DATE CHANGE, IF ANY, AND EXPRESSLY WAIVES ANY CLAIMS FOR ANY ADDITIONAL COMPENSATION, DAMAGES OR TIME EXTENSIONS, IN CONNECTION WITH THE ABOVE-REFERENCED CHANGES.

WE, THE UNDERSIGNED CONTRACTOR, HAVE GIVEN CAREFUL CONSIDERATION TO THE CHANGE PROPOSED

AND HEREBY AGREE, IF THIS PROPOSAL IS APPROVED, THAT WE WILL ACCEPT AS FULL PAYMENT THEREFORE THE PRICE SHOWN ABOVE.

Change Order #3
Sheet 2 of 2
TO:

PROJECT TITLE :

PROJECT NUMBER :

CHANGE ORDER No. :

DATE :
9,818,512.60$
1,700,743.49$

11,519,256.09$

479,878.75$

11,999,134.84$

355
Change Requested by: Engineer
This Change Order is not valid until signed by the City Engineer The original Contract Amount was
Net change by previously authorized Change Orders
The Contract Amount prior to this Change Order was
The Contract Amount will be increased by this Change Order in the maximum amount of The new Contract Amount including this Change Order will be The Contract Time will be increased by seventy five (75) working days The Contract Time therefore is (Working Days)
By reason of this order, the time of completion will be adjusted as follows: Seventy five (75) Days City of Victorville

CHANGE ORDER
Bear Valley Road Overhead Bridge at BNSF
Riverside Construction Company, Inc.
4225 Garner Road
Riverside, CA 92502
CC21-102
4 February 28, 2024
You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract.

Description of work to be done, estimate of quantities, and prices to be paid: Segregate between additional work at current or revised contract unit prices, agreed lump sum price, and time & materials. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.

Adjustment in Compensation at Lump Sum
Contractor accepts an adjustment in compensation at lump sum in the amount of $479,878.75 as full and final compensation to resolve Time Impact Analysis #1, #2, #3, and #4 and to resolve Potential Claim Record #1. Contractor agrees that payment of this amount constitutes full and final payment to close out the project and agrees to not submit any claims or requests for additional payment associated with this project.

Estimated Cost: Decrease: Increase: $479,878.75___ Change Order #4
Sheet 1 of 2
CONTRACTOR :

Date
PROJECT RE :

Date
SUBMITTED BY :

Date
AUTHORIZED BY :

Date
Fredy Bonilla, City Engineer
Elizabeth Becerra, Mayor
Ryan Camp, Riverside Project Manager
Serge Sinevod, Resident Engineer

THIS CHANGE ORDER CONSTITUTES FULL, FINAL, AND COMPLETE COMPENSATION TO THE CONTRACTOR FOR

ALL COSTS, EXPENSES, OVERHEAD, PROFIT, AND ANY DAMAGES OF EVERY KIND THAT THE CONTRACTOR MAY

INCUR IN CONNECTION WITH THE ABOVE REFERENCED CHANGES IN THE WORK, INCLUDING ANY IMPACT ON

THE REFERENCED WORK OR ON ANY OTHER WORK UNDER THE CONTRACT, ANY CHANGES IN THE

SEQUENCES OF ANY WORK, ANY DELAY TO ANY WORK, ANY DISRUPTION OF ANY WORK, ANY RESCHEDULING OF ANY WORK, AND ANY OTHER EFFECT ON ANY OF THE WORK UNDER THIS CONTRACT. BY THE EXECUTION

OF THIS CHANGE ORDER, THE CONTRACTOR ACCEPTS THE CONTRACT PRICE CHANGE AND THE CONTRACT

COMPLETION DATE CHANGE, IF ANY, AND EXPRESSLY WAIVES ANY CLAIMS FOR ANY ADDITIONAL COMPENSATION, DAMAGES OR TIME EXTENSIONS, IN CONNECTION WITH THE ABOVE-REFERENCED CHANGES.

WE, THE UNDERSIGNED CONTRACTOR, HAVE GIVEN CAREFUL CONSIDERATION TO THE CHANGE PROPOSED

AND HEREBY AGREE, IF THIS PROPOSAL IS APPROVED, THAT WE WILL ACCEPT AS FULL PAYMENT THEREFORE THE PRICE SHOWN ABOVE.

Change Order #4
Sheet 2 of 2

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